Labour Law & HR Expert

Dear all,

Could someone suggest me what is the salary break-up for a service industry (registered under TN Shops & Est Act) wherein 250 employees are employed ?

Thanks.

hi nidhi,
i am also a managementstudentand a lawyer. and i am doing my second year MBA and i am waiting to get employment in a corporate .i dont know what are the opportunities available for the MBA/ Lawyer. if you have any idea about that please kindly help me and guide me in what areas i can utilize my knowledge.

Dear

If he comes under the Industrial disputes Act, 1947 as workman, than file a reply that he is a workman and appropriate jurisdiction shall be the Labour Court. The case will be dismissed, But I would like to caution you that if he files before the Labour Court than the Management may be in trouble. The best solution is that if you are not a Govt Agency, the only remedy civil court can give is breach of Contract means he can claim maximum the notice period benefit. Civil court has no jurisdiction to grant re instatement or compensation to non govt agencies employees

ak malhotra

Dear All,

Please send your comments on the following as its very urgent:
1. During this retrenchment/lay off period in the company, if any employee during probation period whose notice period is 01 month, resigns from the post before he is trminated, can that Employee give/mention that he will be leaving the company after 15 days? If yes, please give some legal clause or company policies.

2. What is the maximum period one can give to the company which will include his notice period, to the company? What are the policies? Like one employee whose notice period is 01 week, gives his resignation on 01 october and writes that he want to stay in the company upto 27 October and his nitice period will start from 20 october. Is this valid? if yes then give the rule pls.

Thanks & Regards

VKS11

Dear All,

Please send your comments on the following as its very urgent:
1. During this retrenchment/lay off period in the company, if any employee during probation period whose notice period is 01 month, resigns from the post before he is trminated, can that Employee give/mention that he will be leaving the company after 15 days? If yes, please give some legal clause or company policies.

2. What is the maximum period one can give to the company which will include his notice period, to the company? What are the policies? Like one employee whose notice period is 01 week, gives his resignation on 01 october and writes that he want to stay in the company upto 27 October and his nitice period will start from 20 october. Is this valid? if yes then give the rule pls.

Thanks & Regards

VKS1

Hi
Iam Shrujana. i have recently joined in an newly setup manufacturing unit.we want to have 100 unskilled and semi skilled labour. can we go for contract labour for this. if yes what are are the obligations and by taking contract labour how far it is useful to avoid Trade unions and or any difficuties by going for contract labour.

Thank you and eagarly looking for your precious reply

Dear All,
Why no one has responded my under mentioned query which I posted few days back:
Dear All,

Please send your comments on the following as its very urgent:
1. During this retrenchment/lay off period in the company, if any employee during probation period whose notice period is 01 month, resigns from the post before he is terminated, can that Employee give/mention that he will be leaving the company after 15 days? If yes, please give some legal clause or company policies.

2. What is the maximum period one can give to the company which will include his notice period, to the company? What are the policies? Like one employee whose notice period is 01 week, gives his resignation on 01 october and writes that he want to stay in the company upto 27 October and his nitice period will start from 20 october. Is this valid? if yes then give the rule pls.

Thanks & Regards

VKS11

The terms and conditions of the appointment require that either notice period or notice pay in lieu of notice pay must be given to terminate the service either by the employee or by the employer. In the instant case, the employee has not complied with the said requirement. Adjusting the said amount in dues payable to the employee is abad practice. First the employee must pay notice pay to get his termination accepted. The employer ought to have gone to the court for the damages caused by his sudden absence from the work. Even now a case may be filed. For aperson like this he can only understand the things in this way only. Since the employee has made a breach of contract damages may be claimed by the employer. Employer cannot go to a labour court.

Surendranath

Dear Aries,

could you pl clarify this;

1. has he absconded or deserted his job?.
2. have you sent him any letter by Regd post with ack due, asking him to join duty immediatly?
3. what remedies he has sought in his case?.

Now your written statement should indicate the acceptance of your payment LESS the notice pay vide ther terms and conditions of employment. I am sure the court will concede your argument.

Thansk and kind regards
Michael Nicholas

Dear Subramanaian,

the salary breakup unde TN S&E Act, is not very specific except you have to pay the DA as per the price index released by the TN govet once three months, even they will mention amount payable also. So the salary break up would be basic, DA, HRA, Conveyance and so on so forth. But whatever may the allowance payabel at any given point of time the total salary should not be less than the minimum wages and DA should be paid asp er the Go
regards
Michael Nicholas